10 Asbestos Defense Litigation That Are Unexpected
Asbestos Defense Litigation
Asbestos cases require careful investigation of the victim's work background, identifying asbestos-related products and finding potential defendants. This could involve obtaining information from relatives, coworkers asbestos abatement workers, as well as analysing documents and other material.
Cetrulo LLP has served as the national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets, and coordinate with local attorneys in order to create consistent, cost effective defense strategies.
Asbestos Product Identification
Asbestos is present in a variety of building materials, including cement products, paints and floor tiles. It is also found in artex, adhesives, doors insulation, and adhesives. It is difficult to tell whether a product contains asbestos or not simply by looking at it. A professional environmental surveyor is able to conduct an inspection to determine whether the material is contaminated with asbestos.
When asbestos fibres are airborne, they are very small and light - meaning they can travel for long distances even through closed doors or windows. Once they reach the lungs they can cause the formation of serious health issues. Asbestos is dangerous if it is damaged and releases deadly fibres into the air. This is why it's important that building materials not be disturbed or removed without proper labeling and followed by an expert inspection.
Due to the lengthy latency between exposure and disease, obtaining meaningful discovery in an asbestos action is extremely challenging. There are other significant issues regarding the admissibility and credibility of expert witnesses and the causal link between exposure to asbestos and diseases.
In Brockton asbestos lawyers , asbestos defense lawyers can typically argue for summary judgement based on an lack of a factual basis. For instance, imagine that plaintiff Paul was in an accident involving multiple vehicles in New York City. However, he does not have information about the date and location of the accident, the vehicles involved or any other details that could support the conclusion that defendant David is liable for his injuries.
In this type of situation, an experienced New York mesothelioma lawyer should be in contact. They will analyze the facts of the case, and any expert reports or other documentation, to determine if summary judgment is an appropriate remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can aid their clients in this process. Asbestos firms that practice nationwide can help their clients in filing their claims in the most advantageous jurisdiction. This could be the State of New York, or a federal district court located in New York City.
Asbestos Disease Identification
Although asbestos is no longer extracted or processed in the United States, it still exists in buildings and products that were produced prior to 1989. These products release fibers into the air when they begin to degrade. They can be breathed in. These fibers have been known to cause a variety of lung ailments.
Lung diseases related to asbestos exposure include the pleural diseases (pleural plaques, thickening, and effusions) as well as mesothelioma and asbestosis. Inhaling these fibers can cause various symptoms, including chest pain, fatigue, and breath shortness. These symptoms may not appear for a long time after an asbestos exposure.
All forms of asbestos, including chrysotile are carcinogenic for humans. Exposure to asbestos causes cancers of the lung, larynx and ovaries. It can also cause a type of mesothelioma that is found in the linings that line body cavities like the stomach, heart and testes. Mesothelioma is difficult to identify because it has a latent period of time and shares many symptoms with other conditions like rheumatoid arthritis and sarcoidosis.
People who have been exposed to asbestos or have been exposed to significant environmental factors are at the highest risk of developing asbestos-related illnesses. This includes boilermakers, construction workers, and shipyard workers. Additionally, there are railroad and U.S. Navy vets and those who assisted in cleaning up after the terrorist attacks of September 11, 2001. Some of the symptoms for the people who suffer from these conditions include breathing difficulties, chest pain and coughing.
A doctor can determine if the patient suffers from an asbestos-related disease by reviewing the medical history, work and family histories. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos. Patients with asbestosis are encouraged to have a yearly lung function test. This will help keep track of their condition. The test will help detect the progression of asbestosis and identify other health issues that may be related to this condition. Patients suffering from asbestosis must also be vaccinated regularly to avoid the development of other respiratory ailments, such as psoriasis. The EPA has a TSCA Hotline as and an asbestos Ombudsman who can provide additional information and help.
Asbestos Database Development
Asbestos is composed of fibrous minerals. It was extensively used for construction and industry due to its strength, fire retardant and corrosion resistance properties. Asbestos particles inhalation can cause a variety medical problems such as mesothelioma, which is lung cancer as well as other organs, and neurological problems. These illnesses can be seen for over a period of 30 years or more.
In many asbestos cases, there are multiple defendants and complicated discovery. This can be difficult when the asbestos products that are involved in a particular case cannot be identified. To determine the asbestos products involved, forensic experts are needed, as well as a variety of investigative techniques and tools, such as interviewing former coworkers, collecting invoices and delivery documents and taking samples at work and at home. It is also important to determine the type of asbestos, such as it's amosite or crysotile, or crocidolite.
We have a wealth of experience defense of companies that are involved in the asbestos industry. This includes manufacturers of products distributors, suppliers and manufacturers as well as contractors. Our team has acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for numerous clients involved in asbestos litigation. We have represented clients across the country. We are also Defense liaison counsel for various asbestos dockets across these states, where we manage the local and regional attorneys to ensure consistent and efficient defense strategies and results.
Our national strategy to manage the asbestos defense has been proved to be effective and, in numerous instances, has decreased legal costs by millions of dollars compared to the amount companies were paying when they were being represented by other firms. The courts across the country have recognized this unique and aggressive approach to managing asbestos cases.
We are also experienced in defense of mass toxic tort suits brought against manufacturers of pharmaceutical and industrial chemicals and Petrochemicals. These lawsuits are based on assertions that exposure to these chemicals has caused diseases like occupational asthma as well as restrictive and obstructive lung disorders, and other neurological conditions.
Medical Expert Witnesses
Expert medical witnesses are essential in asbestos cases, primarily because many of the symptoms of asbestos exposure can be easily confused with other illnesses such as emphysema or other types of lung cancer. It is essential for attorneys to have access to experts in these fields who can aid in identifying different diseases and to show the causes of each disease by different types of exposures.
Medical records of asbestos victims are often the best source for this evidence. X-rays, CT scans and biopsy samples are usually available to examination. To make the most of these data, medical experts are required to sort through the information and offer their opinion on the possible causes, probabilities and other issues.
Medical experts who are called to testify in asbestos cases have a solid reputation and have been involved in dozens, if not hundreds of cases. This credibility boosts the credibility of these experts in the eyes the jury. These doctors have a lot of experience in preparing themselves to testify, and therefore they know how best to answer questions from defendants and how to present the information to the judge.
In addition to medical experts It is also essential to have experts from the scientific community provide evidence on the different causes of asbestos-related diseases. It is not enough to show that the patient has mesothelioma. It has to be proven that the asbestos defendant exposed the plaintiff to carcinogens and how smoking aggravated the risk of mesothelioma.
Expert witness fees can account for an enormous portion of overall costs associated with an asbestos case. It is therefore crucial that the defense attorney is capable of quickly identifying and select the most qualified expert witness for the particular case.
At Swartz Campbell, we counsel material manufacturers, suppliers, premises owners, distributors, employers and other defendants in asbestos cases in state and federal courts across the nation. Our team of highly experienced and dedicated attorneys is well-versed in asbestos litigation, offensively and defensively. Contact us today to find out how our firm can assist you.